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Notable cases

Keystone pipeline approval case (2014)

Judge Stacy ruled on February 19, 2014, that the governor does not have the power to approve the passage of the controversial Keystone XL pipeline through the state of Nebraska.[5]

The pipeline, which would move oil from Canada to Texas, was described by the judge as "a political lightning rod."[6] However, she said that the issue before her had nothing to do with whether or not the pipeline was a good idea. Instead, her ruling centered around who had the power to approve or disapprove the pipeline's passage through the state. She explained that, since the Public Service Commission (PSC) was tasked with such responsibilities, the governor could not make the call.

In 2012, the Legislature changed a law to allow Governor Dave Heineman, rather than the PSC, to approve the pipeline. The governor gave his approval in January of 2013. Landowners brought the lawsuit against the state, saying that the law violated the state constitution. Stacy rejected most of their claims, but agreed on one key point. The ruling stated,

“

It is clear the Legislature cannot…divest the PSC of jurisdiction over a class of common carriers and vest such power in another governmental agency.[6][7]